S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    626
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to reporting of  contrib-
   utions  or  grants  from  a government agency by registered charitable
   organizations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision 1 of section 172-b of the executive law, as
 amended by section 3-a of chapter 549 of the laws of 2013, is amended to
 read as follows:
   1. Every charitable organization registered or required to  be  regis-
 tered  pursuant to section one hundred seventy-two of this article which
 shall receive in any fiscal year gross revenue and support in excess  of
 seven hundred fifty thousand dollars shall file with the attorney gener-
 al an annual written financial report, on forms prescribed by the attor-
 ney  general, on or before the fifteenth day of the fifth calendar month
 after the close of such fiscal year. The annual financial  report  shall
 be  accompanied by an annual financial statement which includes an inde-
 pendent certified public accountant's audit report containing an opinion
 that the financial statements  are  presented  fairly  in  all  material
 respects  and  in  conformity with generally accepted accounting princi-
 ples, including compliance with  all  pronouncements  of  the  financial
 accounting  standards  board  and  the  American  Institute of Certified
 Public Accountants that  establish  accounting  principles  relevant  to
 not-for-profit  organizations.  Such  financial  report  shall include a
 statement of any changes in the information required to be contained  in
 the  registration form filed on behalf of such organization.  The finan-
 cial report shall be signed by the president or other authorized officer
 and the chief fiscal officer of the organization who shall certify under
 penalties for perjury that the statements therein are true  and  correct

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04384-01-9

 S. 626                              2
 
 to  the  best of their knowledge, and shall be accompanied by an opinion
 signed by an independent public accountant that the financial  statement
 and  balance  sheet  therein present fairly the financial operations and
 position  of  the  organization.    THE ATTORNEY GENERAL MAY REQUIRE THE
 REPORTING OF A CONTRIBUTION OR GRANT FROM A GOVERNMENT AGENCY DURING THE
 REPORTING PERIOD, INCLUDING BUT NOT LIMITED TO FOREIGN GOVERNMENT  ENTI-
 TIES. A fee of twenty-five dollars payable to the attorney general shall
 accompany such financial report at the time of filing, provided however,
 that  any such organization that is registered with the attorney general
 pursuant to article eight of the  estates,  powers  and  trusts  law  is
 required to file only one annual financial report which meets the filing
 requirements  of  this  article and section 8-1.4 of the estates, powers
 and trusts law.
   § 2. Subdivision 1 of section 172-b of the executive law,  as  amended
 by section 3-b of chapter 549 of the laws of 2013, is amended to read as
 follows:
   1.  Every  charitable organization registered or required to be regis-
 tered pursuant to section one hundred seventy-two of this article  which
 shall  receive in any fiscal year gross revenue and support in excess of
 one million dollars shall file with the attorney general an annual writ-
 ten financial report, on forms prescribed by the attorney general, on or
 before the fifteenth day of the fifth calendar month after the close  of
 such fiscal year. The annual financial report shall be accompanied by an
 annual  financial  statement  which  includes  an  independent certified
 public accountant's audit report containing an opinion that  the  finan-
 cial  statements  are  presented  fairly in all material respects and in
 conformity with  generally  accepted  accounting  principles,  including
 compliance with all pronouncements of the financial accounting standards
 board  and  the  American Institute of Certified Public Accountants that
 establish accounting principles  relevant  to  not-for-profit  organiza-
 tions. Such financial report shall include a statement of any changes in
 the  information required to be contained in the registration form filed
 on behalf of such organization.  The financial report shall be signed by
 the president or other authorized officer and the chief  fiscal  officer
 of  the  organization who shall certify under penalties for perjury that
 the statements therein are true and correct to the best of  their  know-
 ledge,  and  shall be accompanied by an opinion signed by an independent
 public accountant that the financial statement and balance sheet therein
 present fairly the financial operations and position  of  the  organiza-
 tion.   THE ATTORNEY GENERAL MAY REQUIRE THE REPORTING OF A CONTRIBUTION
 OR GRANT FROM A GOVERNMENT AGENCY DURING THE REPORTING PERIOD, INCLUDING
 BUT NOT LIMITED TO FOREIGN GOVERNMENT ENTITIES.  A  fee  of  twenty-five
 dollars  payable  to the attorney general shall accompany such financial
 report at the time of filing, provided however, that any such  organiza-
 tion  that  is  registered with the attorney general pursuant to article
 eight of the estates, powers and trusts law is required to file only one
 annual financial report which meets  the  filing  requirements  of  this
 article and section 8-1.4 of the estates, powers and trusts law.
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subdivision 1 of section 172-b of the  executive  law  made  by
 section one of this act shall be subject to the expiration and reversion
 of  such  subdivision, when upon such date the provisions of section two
 of this act shall take effect.